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from our blog
April 28, 2012
Phoenix Insurance Bad Faith Attorney Discusses INSURANCE BAD FAITH DAMAGES
Experienced Phoenix insurance bad faith attorneys like Shane L. Harward will seek different kinds of damages from the insurance company that acted in bad faith. If you are considering legal action against your insurer for bad faith intentional claim denial, unreasonable delay or nonpayment on a claim, and so on, then this article is for [...]
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Shane Harward
@ShaneHarward
Find us on FacebookInsurance Consumer Attorney – Arizona Residents Battle Bad Faith Insurance Companies
When was the last time you purchased an insurance policy? Did you get explanations that were fully comprehensible to you and not so much “insurance legalese”? Did you take time to carefully read through the printed policy terms before you signed and paid the premium? Did you feel free to negotiate with the insurance agent on a policy that really met your needs and the needs of your family? Did you get to bargain for the insurance policy language you preferred or did the insurance company offer you an insurance policy to either take or leave without any input from you on the insurance policy language? If not, you are not alone. Most individuals rely exclusively on their insurance agent’s verbal assertions, descriptions, and promises about what the policy will cover.
Did you know enough about the policy terms to allow you to comparison shop for a better deal with a different insurer? According to our insurance bad faith attorney, Arizona consumers seldom get detailed answers to their questions about policy coverage before they enter into the insurance contract. Arizonans typically fill-out the insurance application, dutifully pay the premium, and then place the written declaration of insurance away in a file or safe box. The only time the policyholder reviews the coverage is following an accident, property loss, emergency hospitalization, or some other incident. When the insurance consumer finally sits down to read the insurance policy, they will discover that it is not easily understood.
From an Insurance Bad Faith Attorney, AZ Consumers Should Always Seek an Independent Legal Opinion
Shane L. Harward knows that, as a practicing insurance attorney, Arizonans routinely purchase insurance without thoroughly investigating the coverage details presented in the policy.
The most important aspect of any insurance policy is what it will and will not cover. Most claims denials are based upon exclusions in the insurance policy. Exclusions usually appear on the last several pages of the insurance policy and attempt to take away the coverage that appears on the first couple pages of the insurance policy. Many insurance consumers are unaware of these exclusions and frankly, the exclusions are usually difficult to understand even if the insurance consumer is aware of them.
Unfortunately, most policyholders don’t find out what is actually covered until they file a claim. After paying premiums for years, sometimes decades, when Arizona insurance consumers actually file bona fide insurance claims they may be notified by their insurers that the policies bought and paid for don’t cover their medical expenses or damages originally thought. When you don’t really understand your policy provisions, how will you know if your insurer wrongfully denies your claim? You need an independent legal opinion to determine if the claim denial was violates Arizona’s duty of good faith and fair dealing.
Compounding the problem, Arizona residents who lack a clear understanding of their insurance policy coverage are much more vulnerable to the wrongful denial of claims. Those consumers may not know how to challenge their insurance company’s bad faith refusal to pay insurance benefits. And in some cases, the insurance company will attempt to rescind, or cancel, the policyholder’s insurance altogether in a blatant refusal to cover medical expenses from illness, injury, or hospitalization. Insurance consumers often believe they have no rights to insurance proceeds when insurers, acting in bad faith, pull out all the stops to avoid paying on legitimate claims.
Although the insurance policy represents a contract between the insurer and the insured, insurance policies are what the law calls adhesion contracts because the policy language is not subject to bargaining by equally positioned parties. Insurance consumers are almost always in the weaker bargaining position and take what is offered. The insurance company is at a distinct bargaining advantage, and they know it. They are the insurance experts. They draft the insurance policies. They investigate the claims. They control the money. They decide how much to pay or not pay. If you suspect that your insurance company is acting in bad faith and breaching the terms of your insurance policy agreement, that’s when you need aggressive legal representation and advocacy.
Your Bad Faith Insurance Attorney in Arizona
Do you feel pressed or intimidated into accepting less than what you feel that your insurance company agreed to pay under the insurance policy? When your insurer has rejected your claim or minimized coverage for your losses, call Shane L. Harward – Insurance Bad Faith Attorney, Arizona – at 480.874.2918. Don’t let the insurance company double-talk you out of the full value of your legitimate claim. When you suspect bad faith on the part of your insurer, contact the Law Offices of Shane L. Harward, PLC, today and protect your rights to full recovery.
Nationwide is “Not” on Your Side
Well that’s what two of their insurance policy holders think. Here is an example of the type of insurance bad faith claim I routinely handle. The case involves Nationwide Insurance and highlights the poor treatment that two insurance policy holders received from them…
“At the beginning of a long awaited family trip to Idaho in September of 2006, Ms. Laux and her mother, Ms. Brown, were the victims of a high-speed, hit-and-run collision. Ms. Laux and Ms. Brown were forced to file an uninsured motorist claim with their insurance company, Nationwide Insurance Company of America / Allied Insurance Company. Based upon Ms. Laux’s and Ms. Brown’s experience, it was their opinion that the advertising slogan of “Nationwide on Your Side” may be an effective marketing campaign with no substance when a valid claim is attempted to be resolved by those who pay premiums to Nationwide Insurance Company.
Just a few miles from the Phoenix, Arizona (Sky Harbor) airport, a vehicle traveling approximately 90-95 miles per hour smashed into the back of Ms. Laux’s and Ms. Brown’s vehicle, and fled the scene of the collision. Ms. Laux’s vehicle suffered over $10,000.00 in property damage and both Ms. Laux and Ms. Brown were injured. Because this family trip had been planned for several months and was extremely important for not only Ms. Brown, but her daughters (Ms. Brown had two daughters besides Ms. Laux) as well, Ms. Laux and Ms. Brown attempted to continue on with the family trip as planned. Shortly after arriving in Idaho, because the pain became so severe, Ms. Laux and Ms. Brown sought treatment at an Idaho Urgent Care facility. At that time, Ms. Laux’s main problem was noted as neck and low back pain. Ms. Brown suffered from pain in her neck, back, and right shoulder. The Urgent Care doctor prescribed anti-inflammatory and pain medication for both Ms. Laux and Ms. Brown and instructed them to follow up with their primary care physician when they returned home to Arizona. Ms. Laux and Ms. Brown followed up with their primary care physician at the Mayo Clinic and Hospital. Ms. Brown suffered from severe low back pain for over two years and tried multiple rehabilitative efforts including therapy, modalities, manual techniques, exercise instruction, and SI joint injections. Ms. Brown to this day continues to suffer from severe low back pain which at times radiates down her right side. Ms. Brown incurred approximately $6,000 in medical expenses because of treatment related to this incident.
Prior to this collision, Ms. Brown was an extremely healthy, active, and independent 82-year old mother, grandmother, and great-grandmother. Sadly, Ms. Brown not only lost her health and activity, but her independence. Ms. Brown regularly volunteered at a local elementary school and assisted one of the first grade teachers. This volunteer work was incredibly important to not only Ms. Brown, but also to all the children. Following the collision, Ms. Brown tried to assist with her first-grade class but was unable to do so because of the severe back pain.
Ms. Laux suffered from cervical pain, pain in the mid to low thoracic area, and increasing pain and instability to her left knee. Ms. Laux had extensive treatment including prescription medication, physical therapy, and two surgeries on her left knee. Ms. Laux incurred approximately $38,000.00 in medical expenses because of the treatment related to this incident.
Nationwide Insurance Company assigned adjuster Courtney Martin to handle the uninsured motorist claim. Nationwide refused to consider the injuries to Ms. Laux’s knee as part of the claim. Nationwide also refused to explain the factual or legal basis for its position and during the claim, Ms. Martin misrepresented conversations she had with Ms. Laux and Ms. Brown.
On November 28, 2007, Nationwide offered Ms. Laux $8,190.00 to settle Ms. Laux’s injury claim and $6,194.00 to settle Ms. Brown’s injury claim. Ms. Martin represented that these offers were based, at least in part, on Nationwide’s use of a nurse practitioner evaluation. Despite multiple requests, Nationwide refused to put the factual and legal basis for its evaluations in writing and refused to disclose the nurse practitioner report upon which it apparently relied. Instead, on February 26, 2008, Nationwide increased the offers to $12,660.36 for Ms. Laux and $9,471.46. Again, Nationwide refused to disclose to its insureds the basis for these offers and its change in position. Thus, Ms. Laux and Ms. Brown were forced to request arbitration pursuant to their insurance contract with Nationwide Insurance Company.
Ms. Laux and Ms. Brown requested arbitration on March 12, 2008, but Nationwide did not provide the name of its attorney until June 9, 2008 or its arbitrator until June 16, 2008. As part of the arbitration process, Nationwide hired a well-known defense medical examiner, Dr. Ronald Lampert, to examine and issue a negative report against Ms. Laux. Dr. Lampert issued his standard report calling Ms. Laux a “symptom exaggerator.” Dr. Lampert testified on behalf of Nationwide during the arbitration hearing. Dr. Lampert claimed to have performed testing on Ms. Laux that the arbitrators determined did not take place during his examination. Luckily, the examination was videotaped.
Interestingly, a couple days prior to the scheduled arbitration hearing on October 23, 2008, Nationwide presented, once again without any explanation as to the change in its evaluation, an offer that was nearly twice what it had previously offered on these claims. The arbitration was completed on October 23, 2008.
Ms. Brown was awarded $106,000.00.
Ms. Laux was awarded $163,000.00.
In addition, Nationwide Insurance Company paid $30,000.00 and $55,000.00 respectively for extra-contractual, insurance bad faith damages.”
Warning: Case decisions are often subject to further review by other courts and thus may be affirmed, overturned, or modified in later proceedings; therefore the reader should exercise caution in the reading and interpretation of these cases as the current status of case law and/or statutory law may have changed by the time you read this. Please consult with a licensed attorney in the proper jurisdiction before you take any action based on what you read on this or any other website.
Additional Representative Civil Cases involving Insurance Bad Faith and Consumer Fraud Allegations are found here.
The Arizona personal injury, accident, and insurance bad faith dispute lawyers at the Law Offices of Shane L. Harward PLC represent insurance, personal injury and accident victims throughout the state of Arizona (AZ) including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Gilbert, Sun West, Sun City, Tucson, Flagstaff, Kingman, Bullhead City, Yuma, Lake Havasu, Fountain Hills, Anthem, Ahwatukee, Carefree, Cave Creek, Gold Canyon, Bisbee, Sierra Vista, Cochise, Paradise Valley, East Valley, Maricopa, Pima, Pinal, Gila, White Mountain, Heber, Payson, Prescott, Forest Lakes, Apache Junction, Avondale, Queen Creek, Benson, Black Canyon City, New River, Buckeye, Casa Grande, Coolidge, Cottonwood, Douglas, Florence, Gila Bend, Goodyear, Greer, Glendale, Lakeside, Guadalupe, Holbrook, Huachuca City, Oro Valley, Overgaard, Avra Valley, Parker, Peoria, Pinetop, Pine, Prescott Valley, Quartzite, Strawberry, Safford, Show Low, Sun City West, Sun Lakes, Superior, Surprise, Snowflake, Tombstone, Wickenburg, Winslow, Wilcox, Williams, Young, Youngtown, and surrounding areas.